Supreme Court Justice Samuel Alito faced a challenging term as he found himself on the losing side of key majority opinions. Despite the conservative tilt of the Court, Alito’s drafts in two significant cases lost traction, leading to notable shifts among his colleagues.
In cases involving social media regulation by Texas and Florida, Alito’s initial majority support included justices Amy Coney Barrett and Ketanji Brown Jackson. However, as Alito’s opinions were circulated, Barrett’s perspective changed, aligning instead with Justice Elena Kagan, who was leading the dissent. This resulted in a revised majority opinion authored by Kagan, gaining concurrence from Barrett and Jackson.
Similarly, in the First Amendment case of Gonzalez v. Trevino, Alito initially held the majority but eventually wrote a lone concurring opinion. The per curiam opinion issued instead criticized the Fifth Circuit’s narrow view on retaliation claims under the First Amendment, highlighting a stark departure from Alito’s more restrictive approach.
Joan Biskupic of CNN notes that these setbacks have weighed heavily on Alito, describing him as “preoccupied” and “weary,” and speculating on his potential retirement. This term’s outcomes illustrate not just ideological splits but also strategic divergences within the Court’s conservative bloc.
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